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HomeMy WebLinkAbout22-APL-03 K & A Foreign Car Servicema SIEv"p/�- - - " \ BOARD OF ADJUSTMENT I CITY OF SEBASTIAN, FLORIDA FINDINGS OF FACT, CONCLUSIONS OF LAW HOME OF PELICAN ISLAND AND BOARD OF ADJUSTMENT ORDER ITY OF SEBASTIAN, a Florida municipality, Appellee, ARKADIUSZ NOWAKIK& A Foreign Car Services, Inc. Appellant. THE BOARD OF ADJUSTMENT IN AND FOR THE CITY OF SEBASTIAN, FLORIDA Case No. 22-APL-03 BOA Hearing Date: June 8.2022 Business Address: 800 Louisiana Avenue FINDINGS OF FACT, CONCLUSIONS OF LAW AND BOARD OF ADJUSTMENT ORDER This case came before the Board of Adjustment of the City of Sebastian, Florida, for a Public Hearing on 6/8/2022, and based on the evidence presented, the BOA enters the following: FINDINGS OF FACT 1. K&A Foreign Car Services, Inc., ("Appellant'), as property owner of the above business address, has appealed the April 21, 2022 Administrative Decision which denied the Appellant continuance of a nonconforming use of Vehicular Services because it has been abandoned for over one (1) year. 2. The LDC provides that a proceeding requiring a public hearing shall be conducted only after a notice has been published at least once in a newspaper of general circulation in the city, the first publication of which shall be at least 15 days before the hearing. Public notice of this hearing was published on May 24, 2022 in the Indian River Press Journal, a newspaper of general circulation in the City of Sebastian and posting the Notice of the Public Hearing at City Hall. 3. The Land Development Code (LDC) of the City of Sebastian requires a copy of such notice shall be mailed to all property owners within 300 feet of the outer boundary of the property involved in the application including contiguous property under the same ownership, which mailing was done on May 24, 2022. 4. The Appellant and/or representatives did appear before the Board of Adjustment at the date specified in order to present testimony, evidence and address the basis for the appeal. 5. The Appellant was given the opportunity to present evidence of the appeal that its actions in support of the nonconforming use was/was not casual, intermittent, or temporary and witnesses, if any. All evidence was made part of the official record of this matter. FINDINGS OF FACT, CONCLUSIONS OF LAW AND BOARD OF ADJUSTMENT ORDER Page 2 of 3 6. The City of Sebastian City Manager or staff presented evidence and testimony, if any. All evidence was made part of the official record of this matter. 7. No people spoke in support of the appeal and none spoke against the appeal. 8. LDC states specifically "Where the cessation of the use is involuntary, the nonconforming use shall not be declared abandoned after the 180-day period. However, if the use is discontinued voluntarily or involuntarily for a period of one year or more, every future use of the premises shall be in conformance with the use provisions of this chapter and all material and equipment associated with the discontinued nonconforming use shall be completely removed from the premises by the owner within 60 days." 9. Further, LDC provides that "nothing in this code shall be interpreted as authorization for, or approval of, continuation of any illegal use of a building, structure, premises or land, in violation of any ordinance. The casual, intermittent, temporary or illegal use of land, building or structure shall not be sufficient to establish the existence of a nonconforming use. CONCLUSION OF LAW 1. A hearing was held on 06/08/2022 at which time the business owner/Appellant was given an opportunity to present all evidence and argument as to why the administrative denial should be reversed. The BOA heard testimony and weighed the evidence presented. 2. The Appellant fisted above is the owner of the above described property. 3. The Appellant was given proper notice of the BOA Public Hearing and did appear before the BOA on the hearing date specified to address the appeal. 4. The interpretation by City Staff of the ordinances it is charged with enforcing, specifically the provisions of the City's Land Development Codes (LDC), are given deference and will be followed unless they are clearly erroneous or contrary to the legislative intent. 5. Based upon a careful consideration of the evidence presented, the Board of Adjustment hereby determines that the administrative decision denying the nonconforming use should be reversed. �•f 1. Based upon the foregoing Finding of Facts and Conclusions of law, a motion to Reversed the appeal of the decision or determination made by an administrative official was made by CM McPartlan, and seconded by CM Nunn, and adopted by the Board by a vote of 5 in favor and 0 against. FINDINGS OF FACT, CONCLUSIONS OF LAW AND BOARD OF ADJUSTMENT ORDER Page 3 of 3 2. The appeal is GRANTED and the Administrative decision is reversed. 3. This Order may be appealed with the Circuit Court in Indian River County. In accordance with Section 54-1-2.5 (a), any affected party aggrieved by a decision of the Board of Adjustment may seek certiorari review before the circuit court of the decision on the record in the manner provided by law within 30 days of the decision of the Board of Adjustment. DONE AND ORDERED this on June 8, 2022. JIM HI L Chairman o Board of Adjustment Case No. 22-APL-03 - Approved for form and legal Sufficiency _ by the City Attorney's Office for the City of Sebastian - - 1225 Main Street, Sebastian, Florida